EPA v. CAM-OR, INC./ALLEN-BRADLEY

Case summary

U.S. DOJ FILE A COMPLAINT ON BEHALF OF THE U.S. TO RECOVER SOME $2,000,000 SPENT BY THE U.S.EPA IN RESPONSE ACTIVITIES CONNECTED WITH THE CAM-OR SITE. IN FEBRUARY, 1987, CAM-OR, INC., CEASED OPERATING AND THEN ABANDONED THEIR USED OIL RE-FINERY FACILITY IN WETVILLE, IN. IN ABANDONING THE FACILITY, CAM-OR, INC., FAILED TO CARRY OUT THE CLEANUP OF PCB-CONTAMINATED OIL AT THE FACILITY, WHICH HAD BEEN NEGOTIATED WITH U.S.EPA'S TSCA SECTION. TO ABATE THE THREAT TO HUMAN HEALTH AND THE ENVIRONMENT POSED BY THE SITE, THE U.S. EPA CONDUCTED AN EMERGENCY REMOVAL WHICH ENTAILED DEWATERING ALL LAGOONS, AND CONSOLIDATING PCB CONTAMINATED OIL FROM SEVERAL LAGOONS BY MIXING THE PCB OIL WITH LIMEAND MOVING THE OIL/LIME SLURRY INTO A POLYETHYLENE- COVERED, BERMED LAGOON ON SITE. U.S. EPA INCURRED APPROXI- MATELY $2,000,000 IN EXPENSES TO COMPLETE THIS RESPONSE ACTION OF THE SITE. AT THIS TIME, PCBS ARE NO LONGER DETECT ABLE IN THE OIL AND ACID SLUDGE, BUT THE WASTE IS STILL A HAZARDOUS SUBSTANCES BASED ON ITS HIGH CORROSIVITY. ON SEPTEMBER 18, 1989, THE U.S. EPA ISSUED A UNILATERAL CERCLA SECTION 106(A) ADMINISTRATOVE ORDER REQUIRING SEVEN- TEEN NAMED RESPONDENTS TO CLEANUP THE CAM-OR, INC. IN WEST- VILLE, INDIANA. ON OCTOBER 18, 1989, NINE RESPONDENTS COM- MITTED TO PERFORM THE CLEANUP, WHICH ENTAILS REMOVING ACID- IC WASTE OILS AND SLUDGES FROM LAGOONS, TANKS, AND DRUMS ON SITE. THE WORK TO BE PERFORMED PURSUANT TO THE ORDER IS ESTIMATED TO COST $2,500,000. THE CERCLA SECTION 106(A) ORDER WAS ISSUED TO COMPEL RE- SPONDENTS TO COMPLETE THE REMOVAL ACTIVITIES WHEN IT WAS AN- TICIPATED THAT FAILURE OF EITHER THE POLYETHYLENE COVER OR BERM WALLS COULD RESULT IN A FURTHER RELEASE OF HAZARDOUS SUBSTANCES. ON DECEMBER 29, 1989, THE U.S. EPA REGIONAL ADMINISTRATOR SIGNED A COST RECOVERY REFERRAL TO RECOVER THE $2,000,000 SPENT TO DATE. THE REFERRAL ALSO SEEKS PENALTIES AGAINST THOSE PARTIES NAMED IN THE U.S.EPA'S 9/18/89 CERCLA SECTION 106(A) UNILATERAL ADMINISTRATIVE ORDER. THE REFERRAL ALSO SEEKS AN ORDER BY THE COURT GRANTING CONTINUED AND FREE ACCESS TO THE FACILITY FOR THE U.S.EPA AND THOSE COMPLYING WITH THE 9/18/89 ADMINISTRATIVE ORDER. U.S.EPA REQUEST THAT

Defendants (17)

• GM CORPNamed in complaintNamed in settlement
• FORD MOTOR CO.
• IMPERIAL OIL CO.Named in complaintNamed in settlement
• NORTHERN INDIANA PUBLIC SERV. CO.
• ROSTONE CORP.
• TENNECO GAS TRANSPORTATION CO.Named in complaintNamed in settlement
• TEXOMA, INC.
• USX CORP.Named in complaintNamed in settlement
• ALLEN-BRADLEY CO.Named in complaintNamed in settlement
• ANR PIPELINE CO.Named in complaintNamed in settlement
• C. STODDARD & SONA, INC.
• CAM-OR, INC.
• CENTRAL OIL SERV.
• CENTURY OIL, INC.
• CITY WASTE OIL AND ROAD SERV.
• COLD METAL PRODUCTS
• CSX TRANSPORTATION

Facilities (2)

• GM CORP

  105 N JACKSON ST, BEDFORD, IN, 47421

  Registry ID: 110020686293

• WESTVILLE OIL CO

  NW CORNER STATE HWY 2 AND US 421, WESTVILLE, IN, 46391

  Registry ID: 110009326354

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order
• CERCLA 107C3 — Treble Damages
• CERCLA 104E3 — Entry Access

Enforcement conclusions (1)

• CAM-OR, INC./ALLEN BRADLEYentered 1993-07-21

  Primary law: CERCLA

Timeline (9 milestones)

• 1989-12-29Referred To Dept Of Justice
• 1990-01-03Enforcement Action Data Entered
• 1990-07-01Returned To Region
• 1990-10-11Rereferred
• 1990-12-07Complaint Filed With Court
• 1993-07-21Final Order Lodged
• 1993-07-21Final Order Entered
• 1993-07-21Concluded
• 1995-08-28Enforcement Action Closed